Issue
Should the Department of Labor update the definition of exempt and non-exempt employees to permit more accurate classification of customer service representatives?

Status
There is great confusion about whether customer service representatives should be classified under the Fair Labor Standards Act as exempt or non-exempt for the purposes of overtime pay. A number of PIA members have received Wage and Hour citations for classifying CSRs as exempt even though the definitions are not clear. The Department of Labor has undertaken a review of the classification system due to concerns expressed by several industries including PIA. PIA has submitted information to give more emphasis to the level of authority CSRs have in stopping or changing the flow of print jobs. No decision is expected before 2003.

Concerns
The definitions used by the Department of Labor to determine which employees should be exempt or non-exempt were written in a very different era. Today’s CSRs have more authority over production than in the past. Without changing the criteria for determining the classification of CSRs, misclassification will continue to plague the industry.

Position
PIA should continue to seek more accurate classification definitions for CSRs under the Fair Labor Standards Act.